I wish to apply to rescind a winding up order. What do I do?

Published date21 March 2018
Subject MatterBankruptcy and insolvency forms
Page 1
LOC010
I wish to apply to rescind a winding up order
What do I do?
Rule 7.47 Insolvency Rules 1986 provides:
(1) Every court having jurisdiction under the Act to wind up companies may review,
rescind or vary any order made by it in the exercise of that jurisdiction
and
(2) Any application for the rescission of a winding up order shall be made with 7 days
after the date on which the order was made.
Further guidance is given in paragraph 7 of the Practice Direction – Insolvency
Proceedings.
Who may apply?
The application can be made by (a) a creditor or (b) a contributory or (c) by the company
jointly with a creditor or contributory (para. 7.2 of the Practice Direction).
An application made by any other person or by the company alone will not be issued.
When must the application be made?
The application must be made within 7 days (see r.7.47 (4) above).
If the application is not made within 7 days it is possible to apply to extend time (r.4.3
Insolvency Rules 1986). This means issuing a fee paid application.
How is the application made?
If you are applying within the 7 day limit you should complete an application notice (rules
7.1-7.3 and Form 7.1A Schedule 4 Insolvency Rules 1986). If you wish to apply after 7
days you should also apply to extend time. The link below will direct you to the application
form 7.1A
http://www.insolvency.gov.uk/forms/englandwalesforms.htm
Is evidence required?
Yes, as a general rule (see the exception in para.7.4 Practice Direction). The application
should be supported by a witness statement setting out all the relevant facts relied on in
support of the application which should normally include evidence as to the company’s
solvency and financial position, i.e. of its assets and liabilities (para. 7.2 Practice
Direction).

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